The Administrative Procedure Act (APA) defines the process by which federal regulatory agencies are to adopt and enforce federal regulations. Many commentators, however, argue that the federal government has for years engaged in the practice of implementing and enforcing policy while evading the notice and comment requirements of the APA. Critics site informal agency guidance, opinion letters, regional office actions, and other agency actions that purport to bind at least some stakeholders. What are the limits? How real are other commentators complaints about the “sue and settle” phenomenon, described as a less-than-adversarial suit brought against, for example, the Environmental Protection Agency (EPA). Such a suit, it is claimed, argues for an expansion or broader reading of the EPA’s regulatory authority which, after resolution of the suit via settlement, is agreed to by all parties. Finally, what are the limits of unilateral action by a President via executive order?
A key element of the Practice Groups' Executive Branch Review project is our annual conference. This year's Executive Branch Review Conference took place on May 7th at the Mayflower Hotel in Washington, D.C.
Policy without Process?
9:30 – 10:45 a.m.
- Prof. Jonathan Adler, Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation, Case Western Reserve University School of Law
- Mr. William L. Kovacs, Senior Vice President, Environment, Technology & Regulatory Affairs, U.S. Chamber of Commerce
- Prof. Stephen I. Vladeck, Professor of Law, American University Washington College of Law
- Moderator: Hon. Susan E. Dudley, Research Professor of Public Policy and Public Administration and Director, Regulatory Studies Center, The Trachtenberg School of Public Policy and Public Administration, The George Washington University